Jenner & Block


Some of Mr. Tompkins’s representative matters include:

  • Represented three nuclear utilities in claims against the United States Department of Energy (“DOE”) seeking damages for breach of contract for DOE’s failure to dispose spent nuclear fuel from these client’s nuclear reactors.  Cases brought on behalf of Exelon Generation Company LLC and South Carolina Electric & Gas Co. were settled on favorable terms.  In February 2010 a third client, Energy Northwest, was awarded $56.8 million following a three week bench trial, and the majority of those damages were upheld on appeal.
  • Pursued a claim in arbitration on behalf of an S&P 500 company against a supplier of defective goods which caused a multi-million dollar recall.  After substantial discovery a settlement was reached resulting reimbursement of a substantial portion of the losses the client incurred carrying out the recall.
  • Defended automotive forging supplier HHI FormTech LLC in several litigation matters arising from its acquisition of the assets of FormTech Industries LLC,  including a successful motion to dissolve a temporary restraining order entered by a Michigan court requiring continued shipment of parts to a former FormTech Industries customer.  The successful motion led to  the eventual voluntary dismissal of the case by the plaintiff in that case
  • Represented electric utility The AES Corporation in litigation seeking changes to the text of a ballot measure proposed by a California municipality seeking voter approval of a tax on consumption of natural gas at one of AES’s electric generating stations.  A California Superior Court ordered changes to the ballot to more accurately reflect the nature of the measure, which was later voted down at the subsequent election.
  • Counseled a Fortune 100 company regarding standard contract forms and procedures utilized in dealings with customers and suppliers.
  • Counseled a client regarding declaration of a force majeure event after government actions substantially reduced production capacity.